Soverhill v. Dickson
New York Supreme Court
The defendant in July 1848, was judicially declared a lunatic, and a committee of his person and estate duly appointed. The commission of lunacy continues in force. On the 13th November 1849, the plaintiff commenced this action without having obtained any leave of this court for that purpose. The action is for a money demand.
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The defendant in July 1848, was judicially declared a lunatic, and a committee of his person and estate duly appointed. The commission of lunacy continues in force. On the 13th November 1849, the plaintiff commenced this action without having obtained any leave of this court for that purpose. The action is for a money demand. The summons and complaint were served on the defendant and also on the committee in pursuance- of subdivision 3 of § 134 of the Code of 1849. A petition is now presented by the committee praying that the complaint be set aside, on the ground that the action was commenced…
1Opinion of the Court
Welles, Justice.
By the practice of the late Court of Chancery, the proper course for a party who had a claim against a lunatic or his estate, after office found, was to apply to that court by petition for the payment of the debt or for leave to bring a suit for the purpose of establishing the claim. If the chancellor or vice chancellor by whom the committee was appointed, was satisfied that the debt was justly due, the committee would be ordered to pay it out of the estate; or, if the claim was doubtful, the court would either have it settled by a reference to a master, or give the claimant…
2Cases cited2 opinions
- In re HopperNew York Court of Chancery · 1835
- Clarke v. DunhamNew York Supreme Court · 1847
3Cited by5 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- Smith v. KeteltasAppellate Division of the Supreme Court of the State of New York · 1898
- Dean v. HalliburtonAppellate Division of the Supreme Court of the State of New York · 1925
- Smith v. KeteltasAppellate Division of the Supreme Court of the State of New York · 1898
- Smith v. KeteltasNew York Supreme Court · 1898